A Teoria da decisão judicial de Robert Alexy e a dialética hegeliana: um estudo da aplicação do Princípio da Proporcionalidade no Brasil

Abstract

This article seeks to analyze if the Hegelian dialectic confers greater rationality in the application of Robert Alexy's theory of judicial decision, in view of the application of the principle of proportionality in Brazil. Firstly, the historical contextualization of the theory of judicial decision is presented in order to explain Robert Alexy's thinking and his theoretical influences in Brazil. Finally, it intends to analyze what is the contribution of the Hegelian dialectic in the rationality inherent to the theory of judicial decision in the contemporary paradigm, considering the importance of the dialectic approach by the magistrate when it is used of the alexyana theory, since it becomes more rationalized. court decisions